P. K. BAHRIJ. (ORAL)

( 1 ) THESE appeals are directed against judgments dated April 17,1979 of a Metropolitan Magistrate by which he had acquitted the respondents. It appears that two separate complaints had been brought, one against M/s Maharaja Hotel, a partnership concern comprising of partners M. K. Sachdeva, Parvesh Sachdeva, Krishna Wati, Kamlesh Kumari and Ram Parkash Devi on the allegation that they have used the property No. A-37, Vishal Enclave, New Delhi, for non conforming purpose inasmuch as the said premises falls in Zone G9 of the Master Plan and the land in the said zone could be used for residential purposes. According to the complaint the said premises were found to be used for hotel. A second complaint was filed against Smt. Kamlesh Kumari, being the owner of the said property having permitted the said non conforming user of the said premises. The first contention raised in these appeals are barred by limitation. Under S. 378 (5) of the Criminal Procedure code if an appeal is brought against acquittal in which a public servant is the complainant then the limitation provided is six months. Otherwise the appeal against the acquittal has, to be brought in within sixt

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